This guidance applies to those authorities who have such a committee in place, whether they are required to or not. Not every authority is required to appoint a scrutiny committee. The phrase ‘must have regard’, when used in this context, does not mean that the sections of statutory guidance have to be followed in every detail, but that they should be followed unless there is a good reason not to in a particular case. Local authorities and combined authorities must have regard to it when exercising their functions. This is statutory guidance from the Ministry of Housing, Communities and Local Government. While the guidance sets out some of the key legal requirements, it does not seek to replicate legislation. The hypothetical scenarios contained in the annexes to this guidance have been included for illustrative purposes, and are intended to provoke thought and discussion rather than serve as a ‘best’ way to approach the relevant issues.
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The guidance recognises that authorities approach scrutiny in different ways and have different processes and procedures in place, and that what might work well for one authority might not work well in another.
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Focused scrutiny how to#
This guidance seeks to ensure local authorities and combined authorities are aware of the purpose of overview and scrutiny, what effective scrutiny looks like, how to conduct it effectively and the benefits it can bring.Īs such, it includes a number of policies and practices authorities should adopt or should consider adopting when deciding how to carry out their overview and scrutiny functions. In particular, it provides advice for senior leaders, members of overview and scrutiny committees, and support officers. This document is aimed at local authorities and combined authorities in England to help them carry out their overview and scrutiny functions effectively. Minister for Local Government About this guidance Who the guidance is for I would, however, strongly urge all councils to cast a critical eye over their existing arrangements and, above all, ensure they embed a culture that allows overview and scrutiny to flourish. But this depends on strong commitment from the top - from senior members as well as senior officials.Ĭrucially, this guidance recognises that authorities have democratic mandates and are ultimately accountable to their electorates, and that authorities themselves are best-placed to know which scrutiny arrangements are most appropriate for their own individual circumstances. It is clear from speaking to these practitioners that local and combined authorities with effective overview and scrutiny arrangements in place share certain key traits, the most important being a strong organisational culture.Īuthorities who welcome challenge and recognise the value scrutiny can bring reap the benefits. We have also consulted individuals and organisations with practical involvement in conducting, researching and supporting scrutiny. In writing this guidance, my department has taken close note of the House of Commons Select Committee report of December 2017, as well as the written and oral evidence supplied to that Committee. This guidance aims to increase understanding in all 4 areas. It is vital that councils and combined authorities know the purpose of scrutiny, what effective scrutiny looks like, how to conduct it and the benefits it can bring. Conversely, poor scrutiny can be indicative of wider governance, leadership and service failure.
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The role that overview and scrutiny can play in holding an authority’s decision-makers to account makes it fundamentally important to the successful functioning of local democracy.Įffective scrutiny helps secure the efficient delivery of public services and drives improvements within the authority itself.